Webb Law Firmhttps://www.webblawmaine.com
Experienced OUI, DUI, DWI & Criminal Defense Law Firm.Thu, 03 May 2018 18:29:43 +0000en-UShourly1https://wordpress.org/?v=4.9.5Top 7 Things to Know About Maine OUI Lawshttps://www.webblawmaine.com/blog/top-7-things-to-know-about-maine-oui-laws/
Thu, 03 May 2018 18:29:43 +0000https://www.webblawmaine.com/?p=399No matter how much fun the night may be, you don’t want to end up on the business end of Maine OUI laws. In 2012 alone, 7,014 people were arrested on OUI charges in Maine. Don’t end up on the wrong side of the law. Here are the top seven things you need to know about OUI […]

Don’t end up on the wrong side of the law. Here are the top seven things you need to know about OUI laws in Maine.

1. Know the Maine OUI Laws

Before anything else, you need to know what the laws contain.

Maine OUI laws state that if you are caught operating a motor vehicle with a blood alcohol content (BAC) of .08% or higher, you can be charged with Operating Under the Influence (OUI), also called Driving Under the Influence (DUI).

Once you’ve been busted, the consequences are quick to kick in. Let’s break it down.

2. Know the Consequences

Like we said: you don’t want to be on the business end of Maine’s OUI laws.

Once you’ve been arrested for an OUI, based solely on the police report and your BAC results, the Secretary of State will suspend your license, effective immediately.

As in, before your court date even happens.

Regardless of specific penalties, all OUI charges result in the following:

A criminal record

Fines of up to $7,000

Legal charges if someone else was injured

Long story short: it’s a long, ugly legal process with a steep price tag. Don’t stick yourself in a bad situation unnecessarily.

3. Know the Penalties Based on Offense

Specific penalties after your court date will vary based on whether this is your first OUI offense or not. Your level of offense also changes whether an OUI qualifies as a felony.

Let’s break it down.

First Offense

In other words, if you have no prior OUI offenses on your record or no OUI offenses within the previous ten years.

You’re looking at three things: a fine, suspension, and jail time.

The fine will be either $500 or $600 (depending on whether you agreed to do the drug test), plus 20% surcharge, a $30 OUI surcharge, and a $10 contribution to the victim’s fund.

You’ll have 48 hours in the county jail if any of the following:

You had a BAC of .15% or more

You eluded an officer

You were speeding 30 mph over the limit

You had a passenger under 21

If you failed to submit to the drug test, you’ll spend 96 hours in county jail.

And on top of all of that, you’re looking at a 90-day license suspension.

Second Offense

If it’s your second offense, things are going to get messier.

You’re facing a fine of $700 plus surcharges, or $900 if you refused the drug test.

You’ll also see 30 days in the county jail (or 90, if you refused the test).

Finally, you’ll have an 18-month suspension of your license without eligibility for work-restricted status.

Third Offense

Unsurprisingly, it only gets worse the more offenses you have.

If this is your third offense, you’ll have a fine of $1,100 plus surcharges, or $1,400 if you refused the drug test.

You’ll be getting comfortable in the county jail, too–30 days in county lockup, 40 for refusing the test.

Finally, your license will be suspended under court order for four years.

Fourth or More Offense

In other words, you’re in hot water.

The fine at this level is $2,100 ($2,500 for refusing the test). And as for the county jail, you need to get cozy, because you’ll spend six months there (or, if you refused the test, six months and twenty days). Finally, if that wasn’t bad enough, your license is suspended for six years.

4. Know the Ins and Outs of BAC

A lot of Maine OUI laws hinge on BAC, which means they’re also connected to chemical tests to check BAC.

A BAC of .08% qualifies you for an OUI charge. However, keep in mind that the drinking age in Maine is 21, so if you’re under 21, your legal BAC is 0% and no higher.

In Maine, police officers are supposed to administer a BAC test, either blood, breath or urine, at the time of driving. However, it is possible for you to be considered legally culpable for an OUI charge if they didn’t administer the test at that time.

5. Know What Implied Consent Means

If you were noticing a significant pattern in the punishments for OUIs, you were right. You get much steeper penalties for refusing a chemical test at the time of arrest.

That’s because of Maine’s implied consent laws. These laws essentially state that driving is a privilege, not a right, which can be taken from you if you drive under the influence or refuse a test.

Under implied consent, you automatically agree to a chemical test of any kind (blood, breath or urine) if authorities have probable cause to administer one.

If you refuse, you can be penalized for violating implied consent.

And, thanks to officer testimony, you can be convicted of an OUI charge without the results of a BAC test.

Remember: if you haven’t done anything wrong, a BAC will prove it. Don’t make things worse for yourself.

6. The Zero Tolerance Law

Remember earlier when we said that your legal BAC is 0% if you’re under 21?

Maine has a special law for you if you’re caught under the influence underage.

Long story short: you’ll lose your license for a year. If you refuse a test, the suspension is at least 18 months. If someone else underage is in the vehicle with you, there’s an additional 180-day suspension tacked on top of that.

Oh, and you can be prosecuted for a criminal offense, regardless of the length of your suspension.

7. Know What Happens in a Fatal Accident

In a fatal accident, slightly different rules apply.

If you’re involved in a fatal accident, you must submit to a BAC test. Failure to do so, regardless of your offense level or BAC, results in an automatic three-year suspension of your license.

And even if you submitted to the BAC test and were found to be operating under the influence, the Secretary of State will impose a three-year license suspension on top of any suspensions acquired for refusing to submit to the test.

And if you’re charged with vehicular homicide, you can face up to 30 years in prison and a permanent loss of your license.

Making Sense of Maine OUI Laws

Maine OUI laws are nothing to joke about. If you find yourself in a bad situation, you need all the legal help you can get.

We serve localities all over Maine in OUI cases including drugs and alcohol. For a free case consultation, head to our contact page and fill out the form to get in touch with us.

]]>5 Things You Should Do When Stopped For a OUI in Mainehttps://www.webblawmaine.com/blog/5-things-you-should-do-when-stopped-for-a-oui-in-maine/
Mon, 30 Apr 2018 16:39:24 +0000https://www.webblawmaine.com/?p=396Everyone knows someone that has gotten an OUI. And if you don’t know of anyone, a friend of a friend likely has. To give you an idea, in 2016, there were 8594 arrests relating to driving under the influence. This does not mean convictions of any crimes. Getting pulled over for an OUI can happen relatively easily, […]

]]>Everyone knows someone that has gotten an OUI. And if you don’t know of anyone, a friend of a friend likely has.

To give you an idea, in 2016, there were 8594 arrests relating to driving under the influence. This does not mean convictions of any crimes.

Getting pulled over for an OUI can happen relatively easily, and unfortunately, most often, you are guilty until proven innocent. And the way to prove your innocence can also condemn you in a court of law.

We are going discuss the top 5 things you should do if you get a DUI in Maine. Hopefully, you’re never in this predicament, but if you get yourself into a tough spot, try to remember these tips!

Safety First

When being pulled over for any reason, use turn signals to let the officer know you are in fact, stopping. Pull over to a safe spot quickly. Don’t wait too long to do so as this may irritate the officer.

If you happen to get pulled over for any reason, be mindful that the officer walking up to your car does not know who you are or if you are dangerous. Do your best to keep calm.

Keeping calm and having your hands visible will typically lower the tension of the situation. In the same breath, being jumpy or wildly moving about looks suspicious at best.

Be Prepared for a Possible OUI

If you think you are being pulled over for an OUI, it may benefit you to pull into an area that won’t tow your car for leaving it until morning. There are many ways this could turn out, but not having to deal with towing and impound is one less thing to worry about.

Grabbing at items in your car can lead to a worst case scenario of the officer assuming you have a weapon. It can also lead to further investigation of you and your car.

Having your license, registration, and proof of insurance ready by the time the officer reaches your car is ideal. It is also unlikely.

Because it is unlikely, place your registration and insurance in a location that is easily accessible. Hopefully, you know where your license is. This is helpful with any and all traffic stops, not just suspected OUI.

Say This, Not That

Regardless as to if you have been consuming alcohol or not, you have now been stopped for an OUI. It is very likely that the officer will ask if you’ve been drinking.

If you are not under the influence of any substance, you can go ahead and tell him no. If you are under any type of influence, do not admit to it.

It’s not a great idea to try to “cooperate” with officers. That part of “anything you say can and will be used against you in a court of law” is absolutely true. They WILL include any type of admission of guilt in their report.

Actually, if they ask, you should invoke your fifth amendment right to not incriminate yourself. This is because if you tell them you had “just a few,” they will start asking other, more detailed questions.

Also, not saying anything will help you to avoid slurring your words. Slurring words will only strengthen the officer’s case against you.

This doesn’t mean be RUDE, in fact, be polite. Just keep your answers short (and sweet–seriously, be nice, it’s more beneficial.)

Stepping Out

At this point, the officer is wagering that you are intoxicated. He is going to tell you to step out of the vehicle.

This may seem like a statement. It is more of a strongly-worded request. Though you don’t have to comply, this may lead directly to your arrest.

Because of course, no one wants to be arrested, you step out of the vehicle. The officer is going to ask you to start a series of tasks called Field Sobriety Tests.

This is actually not mandatory. And these tests are quite difficult even when sober.

Not performing a field sobriety test can get you arrested, but if you fail it, you’ll be arrested too. A physical sobriety test just gives more evidence against you in a court of law.

At this point, you will be asked to submit to a breathalyzer test. If you do not comply, regardless to blood-alcohol content, your license will be suspended.

Regardless of how an officer obtains your blood-alcohol content, the legal limit is .08% across the nation.

One Call

At this point, things aren’t looking too hot. You’ve been pulled over for a DUI; you’ve been as compliant as you can without giving too much information.

You’ve declined the field sobriety test. You were arrested. You decided to submit to the breathalyzer screening.

Now you’re getting nervous about what happens when you get arrested for DUI, how much it’ll cost, and if you’ll be able to drive after.

The good thing is, with the help of an attorney, you can sail through the process quickly. Making the judgment call to hire an attorney that specializes in OUI cases will be the best decision you can make.

Your Life Isn’t Over

The best way to avoid a DUI is not to drink and drive. There are many options out there, ranging from friends to taxis, paid car services, and public transportation.

With that being said, getting arrested for an OUI isn’t the end of the world. It is a speed bump, not a roadblock. You can get through it, especially with the help of an experienced attorney.

If you’ve been accused of driving under the influence or driving while impaired, give me a call at 207-283-6400.

Regardless if you’ve made the mistake of driving under the influence, once or multiple times, I can help your case and work towards minimizing the charges you are dealing with.

Hopefully, you don’t make this mistake, but if you or a loved one does, we have plenty of information to help ease your mind.

]]>Should You Refuse the Breathalyzer Test?https://www.webblawmaine.com/blog/should-you-refuse-the-breathalyzer-test/
Mon, 30 Apr 2018 16:32:04 +0000https://www.webblawmaine.com/?p=394In the United States, 28 people each year die from a car accident that involves some form of drink driving. That’s almost 30% of all traffic deaths in the country. Not only this, alcohol-related crashes cost more than $44 billion each year. Luckily, today, there are various ways to prevent these injuries- one of which is with […]

]]>In the United States, 28 people each year die from a car accident that involves some form of drink driving. That’s almost 30% of all traffic deaths in the country.

Not only this, alcohol-related crashes cost more than $44 billion each year.

Luckily, today, there are various ways to prevent these injuries- one of which is with a breathalyzer test.

But, how effective are breathalyzers and can you refuse a test? Better yet, should you refuse one?

Let’s check it out…

What Is a Breathalyzer Test?

In the U.S., if your Blood Alcohol Content (BAC) is higher than 0.08%, you may receive charges for Driving Under the Influence (DUI). But, what is the best way to test a person’s BAC?

A breathalyzer test is when a person breathes into a handheld device that measures their BAC. Police officers use them to check if a person is drink driving. Some people also keep them in their cars to check their own BAC levels as a safety precaution.

While a test may enable an officer to make a DUI arrest, these results aren’t admissible in court. This is one of the key reasons that many attorneys spend a lot of time challenging how reliable the breathalyzer results are.

Can You Legally Refuse a Test?

Unfortunately, there is no “yes” or “no” answer to this question. The truth is, it depends on the state you live in.

Refusing a breathalyzer could lead to serious consequences, all of which are in more detail below.

If you do refuse, prosecutors can still put a DUI charge on you based on other evidence. Some of this evidence could include:

Evidence collected at the scene

Officer observations

Witness testimonies

The results of a field sobriety test

There is also a difference between the penalty for refusing a breathalyzer test on site and refusing one post-arrest.

Refusing a mobile breathalyzer can carry a small penalty. But, refusing one at the police station leads to more severe ones. The police station or hospital tests include:

Urine tests

Blood tests

Breath tests

What Is Implied Consent Law?

Many forget that the right to drive is a privilege. You receive this privilege from your state once you meet conditions such as passing your written and practical driving tests.

To benefit from this privilege you also have to adhere to certain rules. These rules include “Implied Consent Laws”.

When you sign for your driving license, you promise to adhere to the implied consent laws which include:

Carrying a driving license with you

Having proof of insurance

Producing both the above when asked for by law enforcement

Agreeing to tests that prove your BAC

Undertaking sobriety tests in the field

The Implication of Refusing the Breathalyzer

License Suspension

By refusing a breathalyzer, a law enforcement officer has the right to suspend your license. In fact, they can do so straight away. This is because you broke your agreement to the implied consent law.

Depending on the laws in your state, you could lose your license for anywhere between 6 months to a year.

Fines and Penalties

Aside from losing your license, you may have to pay fees before you receive your license after your suspension.

Worst yet, you may suffer from other penalties. For example, a DUI conviction.

While a breathalyzer test may help eliminate evidence against you, it may not be enough. If the officer believes that you are under the influence, a court of law can use their observations against you.

You may still face charges if you:

Had a distinctive smell of alcohol

Couldn’t speak without slurring

Were unsteady on your feet

Also, most police cars have cameras on their dashboards. This could prove a case against you.

About No-Refusal Policies

Today, there is such a thing as a no-refusal policy. This means that if you refuse to take a breathalyzer test, the officer can get a search warrant to check your blood samples.

All an officer has to do is call a judge and they issue a warrant. This is especially true during the holiday season where people are more likely to drink and drive.

Admission of Guilt

In some parts of the country, by refusing a breathalyzer, you are building evidence against yourself. Courts of law can use this evidence against you at trial, especially if you deny the police station or hospital a blood test.

The likelihood is, by refusing a test, your penalties will be harsher in the long run. This is because you wouldn’t cooperate in the first place and didn’t show any signs of goodwill.

In the long run, refusing to take a breath test could lead to:

Higher fees and fines

Longer license suspension

Jail time if you don’t have a clean record

Why Some Attorneys Recommend You Refuse a Test

Despite all the above, there are some attorneys that recommend you refuse a sobriety test.

This is because if you are over the limit, the officer has probable cause to arrest you on the spot.

By refusing to take a breath test, the law can only pursue you for the opinion of DUI, not the per se DUI. The case can only go based on the police officer’s testimony, not the results on the breathalyzer.

Attorneys find it easier to discredit a person’s observations over modern technology.

Additionally, a portable breathalyzer is inadmissible in court. The only test admissible in court is the ones done at the police station or hospital.

Finding a Licensed Attorney in Your Area

While you may avoid charges by refusing a breathalyzer test, you will lose your license for a period of time. You may also still face fees and penalties.

The best way to know which decision is right for you is to hire a reputable lawyer in your area.

At Webb Law Firm, we’ve worked on countless DUI cases. We have an impeccable DUI track record and are trained in everything to do with sobriety tests and their implications.

If you’re in Saco, ME or its surrounding areas, contact us today. We provide a free initial consultation to go over your case with you.

]]>Everything You Need to Know About Drug Arrests in Mainehttps://www.webblawmaine.com/blog/everything-you-need-to-know-about-drug-arrests-in-maine/
Thu, 26 Apr 2018 02:55:30 +0000https://www.webblawmaine.com/?p=392Did you know there were 281 drug arrests made in the state of Maine last year? Even for the most trivial drug charge, you could still be facing up to 6 months in jail and/or a $1000 fine. However, you are innocent until proven guilty in a court of law. If you don’t want to spend time […]

Schedule W comprises of drugs that are considered to be the most serious. They are also considered by the government to be the most dangerous and the most addictive. They also have little to no medicinal purposes.

Examples of these types of drugs include, but are not limited to, cocaine and heroin.

Drugs in Schedule X are also considered to be addictive, but they are less addictive and less dangerous than the drugs in Schedule W. They might also have more of a medicinal use than the drugs in Schedule W.

Most of them are typically hallucinogens and include things like peyote, ketamine, and hallucinogenic mushrooms, among others.

Schedule Y is the category where most prescription drugs get placed. These drugs have a high potential for medicinal use, but they are still very addictive. Thus, they need a doctor’s prescription to be able to use legally.

Examples of these types of drugs include valium and codeine.

Schedule Z is the last category of drugs. This category is basically a catch-all for all the remaining drugs that don’t fall into any of the other categories.

The most common drug in this least serious category is marijuana. In Maine, it is legal to smoke marijuana for medicinal purposes. Yet, it is still illegal to smoke or possess it for recreational purposes.

If you are found to be in possession of over a certain amount of it, you can still get charged with a crime.

Understanding Different Classes of Drug Arrests

The next step to understanding your case is knowing what class of drug crime you are being charged with.

There are five different levels or classes, of drug crimes.

Possession of drugs that fall into either Schedule W or Schedule X is considered to be Class D crimes, which makes them misdemeanors. They could each earn you up to 364 days or less than one year in jail, and/or up to $2000 in fines.

Possession of Schedule Y or Z drugs is considered to be a Class E misdemeanor and could earn you up to 6 months of jail time and/or up to a $1000 fine.

A Class C crime is a felony that could earn you up to 5 years in prison or a $5000 fine.

If you are in possession of over a certain amount of a schedule W drug, if you get caught cultivating over a certain amount of marijuana, or if you get caught importing any drugs that are schedule X, Y, or Z, you could get charged with a Class C felony.

A Class B crime is a felony that has the potential to earn you 10 years in prison or a $20,000 fine.

If a drug arrest has been made for possession of over 20 pounds of marijuana, for the cultivation of 500 marijuana plants or more, or for the importing of any drugs that fall into Schedule W, this can be charged as a Class B felony.

A Class A crime is a felony that could earn you up to 30 years in prison or a $50,000 fine.

If you have a prior drug importation conviction and you get caught importing a drug that falls into the Schedule W category, you can be charged with a Class A felony.

You can also get a Class A felony charge if you have no prior drug arrests, but you are in possession of a firearm while importing Schedule W drugs, soliciting Schedule W drugs to a minor, or if a person dies as a result of using Schedule W drugs.

Get the Help You Need For Your Drug Arrest

Just because a drug arrest has been made, all hope is not lost.

The first thing that you need to figure out is what you are being charged with. A person in the state of Maine can get drug arrests for possession, manufacturing, or sale of anything that is considered to be a controlled substance.

Once you have a charge to a drug-related crime, you should hire an experienced criminal defense lawyer so that you will be able to take your case to court. A good lawyer will make sure that you get a fair shot at a life clear from the ways in which a drug conviction could affect you.

Convictions on your record can have the potential to affect your life in many ways. This includes what jobs you can get in the future and the relationships that you have in your life.

So who do you choose?

A state defense attorney is being paid by the state and is often overloaded with too many cases for them to really focus or invest in your best interests. Don’t trust your case to a state defense attorney.

]]>Charged with an OUI in Maine? Here’s Why You Need a Lawyerhttps://www.webblawmaine.com/blog/charged-with-an-oui-in-maine-heres-why-you-need-a-lawyer/
Mon, 23 Apr 2018 14:16:31 +0000https://www.webblawmaine.com/?p=390Operating under the influence (OUI) is a charge known as DUI in other states, which tends to be the more recognized acronym. Being charged with an OUI means that you were driving or trying to operate a vehicle (that’s any motorized vehicle) while under the influence of drugs or alcohol. For an OUI in Maine, the […]

]]>Operating under the influence (OUI) is a charge known as DUI in other states, which tends to be the more recognized acronym.

Being charged with an OUI means that you were driving or trying to operate a vehicle (that’s any motorized vehicle) while under the influence of drugs or alcohol.

For an OUI in Maine, the legal limit for alcohol in your blood or breath is 0.08%. If you’re over this, you can be charged with an OUI.

If drugs – including prescription drugs – are impairing your ability to drive in any way, you can also find yourself in court on the same charge.

Here’s why you need a lawyer if you get charged with this offense in Maine.

An OUI in Maine is a Serious Offence

An OUI in Maine is not comparable at all to “lighter” charges of speeding or parking offenses. You won’t just get a ticket and a slap on the wrist.

If you are up against multiple counts of OUI over time, you could lose your license for years.

You need someone with the legal expertise to protect your legal rights in court. The outcome could have a big impact on your day to day life.

You need someone on your side who knows the ins and outs of the law.

The Financial Penalties

An OUI in Maine can result in a big fine.

The first time you’re convicted of an OUI, you will be fined a minimum of $500. If there are aggravating factors, you’ll be sent to jail for 48 hours or more.

Fines rack up the more times you’re convicted. If it’s your 4th conviction or more, courts must impose at least a $2,500 fine.

It’s a misdemeanor, but that doesn’t mean you should take it any less seriously. In fact, it’s only a misdemeanor up to a point. If you’re convicted three times within ten years, that’s a felony.

It’s also worth noting that refusing to take a blood test results in much harsher penalties than giving one. For example, there’s a minimum suspension of 150 days after a first conviction.

That jumps to 275 days on a first conviction where you refuse to give a sample.

Being suspended adds to the financial penalty in a way. It means you’ll have to pay for public transport during your suspension.

To stand the best chance of minimizing the sentence, or having the case dismissed altogether, you need a lawyer to represent you.

Special Laws for Young Drivers

If you’re under 21, the law is even harsher. The State of Maine operates what it calls a Zero Tolerance Law.

If you are found in control of a motor vehicle with any measurable alcohol in your blood, you’ll be banned from driving for a whole year.

Passengers in your car who are under 21 years of age can make things worse. You could receive an additional 180-day suspension from driving.

This is the last thing any college student, first jobber, or young parent needs.

You need a lawyer who knows what the exemption means and how it works in a legal sense to fight for you in court.

Lawyers Have Experience

The legal system is complex. Particularly when you’re standing in front of a judge deciding your future, you have to know what to say.

However, it’s more than just apologizing and moving on. Courts have strict protocols that lawyers are very much aware of, but members of the public aren’t.

For example, making a mistake on a form might seem like no big deal to you. However, in court, the prosecution can have the whole document thrown out for that sort of error.

Meanwhile, your lawyer can use the same tactic to have documents filed by the police thrown out. We’re experts at spotting mistakes and using them to our advantage, whereas you’ve probably never seen the form before.

This can sometimes be enough to have an entire case thrown out by the judge.

Standing up in court is a big deal, which can be intimidating if you’re not used to it. So, in any case, it’s good to have an experienced guiding hand to walk you through the process, direct your actions and represent you.

Negotiation

If the judgment for an OUI in Maine is likely to go against you, your lawyer can still help keep penalties to a minimum. They do this by talking to the judge and striking a deal with the prosecution.

With years of experience negotiating with senior police officers and judges, a good lawyer is your best bet when it comes to minimizing the sentence against you.

You won’t get off completely, but what you need to understand about the penalties we talked about earlier is that they’re minimum sentences.

The court can decide to be much harsher than this. It depends on the circumstances of your case.

Your lawyer may be able to cut a deal. For example, they might suggest that in exchange for pleading guilty and saving the court time, the prosecution agrees to accept the minimum sentence.

Which Lawyer to Hire

You don’t just need any lawyer to represent you. Not all lawyers are experts in Maine state law, and not all lawyers are as familiar with OUI charges as others.

Attorney John Scott Webb is a qualified and experienced Maine lawyer who specializes in defending clients against these charges. Call him if you’re fighting an OUI in Maine.

Here’s an example of a recent case where a not guilty verdict was delivered. In this case, the client’s blood alcohol was recorded at 0.21% – above the legal limit of 0.08%.

We believed that the officer’s account lacked veracity and successfully delivered justice for the client.

Every case will turn on its facts, and the evidence brought to court. But it’s the attention to detail that John puts into each and every case that delivers the best possible results for our clients.

Contact us today on 207-283-6400 or use the form on our website to request legal assistance.

]]>The Difference Between Sexual Assault and Sexual Abuse Chargeshttps://www.webblawmaine.com/blog/the-difference-between-sexual-assault-and-sexual-abuse-charges/
Mon, 23 Apr 2018 12:53:27 +0000https://www.webblawmaine.com/?p=388If you have been charged with a sexual offense, the first thing to do is understand the charges so you can respond accordingly. While laws vary by state, sexual assault generally refers to a crime in which the offender subjects the victim to unwanted sexual touching of some kind. Sexual abuse includes similar acts, but […]

]]>If you have been charged with a sexual offense, the first thing to do is understand the charges so you can respond accordingly.

While laws vary by state, sexual assault generally refers to a crime in which the offender subjects the victim to unwanted sexual touching of some kind. Sexual abuse includes similar acts, but the victim is a child rather than an adult.

Keep reading to understand more about the differences between a sexual abuse and assault charge.

Sexual Assault

The Department of Justice defines sexual assault as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.”

Under this definition, child molestation, sexual intercourse, incest, attempted rape, forcible sodomy, and fondling are all acts of assault when the recipient does not consent.

Assault of a sexual nature can be a violent or unexpected act. The law considers it to be traumatic in all cases. Sometimes, it is a single, life-threatening event or series of events.

Sexual assault is ANY unwanted sex act or behavior that is violent, threatening, forced, or coercive. It is ANY act for which the person did not give consent or could not give consent.

Examples of Assault

Some examples include, but are not limited to, putting a penis, another part of the body, or object into someone’s mouth, vagina, or anus.

It includes forcing someone to perform or receive oral sex. The law defines oral sex, in this case, as putting a penis into someone’s mouth.

Other examples include forcing someone to masturbate or forcing them to watch someone else masturbate. Any unwanted sexual touching of private body parts is assault.

Sexual harassment, which is making inappropriate sexual comments also falls under assault as well as harassment.

If someone exposes themselves, that is voyeurism, and it is also assault. So is forcing someone to watch a sex act or pornography.

Rape and Sexual Assault

The media often uses the terms rape and sexual assault interchangeably.

In recent news, we have heard the stories of women who have come forth as part of the #MeToo movement. We have also seen extensive coverage of the Harvey Weinstein allegations.

While the media’s use of the words as synonyms is unintentional, it is confusing. These two terms mean very different things. Rape is a specific act. Sexual assault can encompass a range of sexual, criminal acts.

Assault includes a range of acts from unwanted touching and kissing, to groping or forcing someone to touch the perpetrator in a sexual way.

Rape Defined

It is the “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

The revised law is now gender neutral. Anyone, male or female, can be a victim. The perpetrator does not have to be a stranger. The act does not have to be by physical force only.

The relationship, if any, between the victim and perpetrator does not matter. Nor does the amount, if any, of physical force.

A sexual act constitutes rape when there is a lack of consent. The perpetrator can ignore verbal resistance (“no”). He or she can overpower the victim’s physical resistance by holding the person down.

The perpetrator can threaten or use a weapon against a person. Any of these things can remove the person’s ability to truly consent. This qualifies rape as an act of sexual assault.

Sexual Abuse

In recent months, we have had extensive news coverage regarding the criminal trial for sports doctor Larry Nassar, who has been charged with sexual abuse of children. Sexual abuse specifically applies to behavior toward children and not adults.

What Is Sexual Abuse?

Sexual abuse occurs when someone in a position of authority or power takes advantage of a person’s trust and respect. They involve that person, who is a child, in sexual activity.

Those activities can involve different things. It includes touching a victim in a sexual manner. It can include forcing a victim to touch the perpetrator in a sexual way.

Or, the perpetrator can make the victim look at sexual body parts or watch sexual activity, such as a pornographic film.

How Sexual Abuse Can Occur

Sexual abuse can happen between a child and an adult. That could mean a parent and child. It could also happen between a doctor and patient, a teacher and student, or a priest and parishioner. It can even happen between a child and an older child.

Age of Consent

All 50 states have laws recognizing that children cannot give informed consent to any sex act. In the US, the age at which a young person can give consent ranges from 16 years old to 18 years old.

Sexual Violence As It Relates To Sexual Abuse and Assault

Behavioral scientists often use the term “sexual violence” to describe sexual abuse and assault.

This term is far broader than either sexual abuse or assault. It includes acts that the laws don’t identify as criminal, but that are traumatic and harmful nonetheless.

Sexual violence includes making false promises, using insistent pressure, and making abusive comments or reputational threats to coerce the victim into a sex act.

It can include nonphysical acts like catcalls and whistles. Such acts make the victim, most of the time women, feel objectified and even victimized.

Important to note, it also includes nonconsensual sharing of explicit electronic images, such as exposed genitals. Finally, it includes secretly viewing others naked or during sex.

What to Do If You Are Facing Sex Offense Charges

A sexual abuse charge carries heavy consequences. If convicted, the conviction will have a life-long, irreversible impact on your life.

Fanney Law Office, PLLC provides legal services for clients in the Raleigh, North Carolina, area. These services cover a range of criminal charges, including sexual offenses like sexual assault and sexual abuse.

]]>10 Tips on How to Hire the Best Criminal Lawyer in SACO Mainehttps://www.webblawmaine.com/blog/10-tips-on-how-to-hire-the-best-criminal-lawyer-in-saco-maine/
Mon, 09 Apr 2018 15:10:51 +0000https://www.webblawmaine.com/?p=385Whether you’re being charged with driving under the influence, theft or something else, it’s important you get the best criminal lawyer you can. Finding a criminal lawyer that can fight your case in SACO Maine is essential if you’re going to stand a chance. With so many criminal attornies, how you can you choose which […]

]]>Whether you’re being charged with driving under the influence, theft or something else, it’s important you get the best criminal lawyer you can.

Finding a criminal lawyer that can fight your case in SACO Maine is essential if you’re going to stand a chance.

With so many criminal attornies, how you can you choose which is the right one to fight your corner. If you haven’t previously been in this position, it’s difficult to know where to start with hiring a criminal lawyer.

That’s why we’ve put together this list of 10 tips on how to hire the best criminal lawyer to handle your case. Let’s take a look at our tips!

1. Passion for Law

There are countless lawyers that got into the profession to just make money. While there’s nothing wrong with this. If you’re looking for the best criminal lawyer, it’s important that they eat, sleep and breath law.

Lawyers that love what they do are likely to work harder for your case and put everything they have into fighting your corner.

The best lawyers have to be able to listen to others as much as they need to be effective communicators themselves. You should look out for a lawyer that’s willing to listen to your side of the story.

2. Experience Matters

Even though there are many talented lawyers fresh out of law school, you can’t beat many years of experience.

However, it’s important to question what kind of experience a lawyer has. If you’re looking for the best criminal lawyer, you don’t want someone with years and years working in human rights law.

You need someone who has courtroom experience. This means someone with the practical know-how of law rather than just the theory.

The best kind of experience you should be looking out for is someone who has defended someone against a similar charge. And importantly, they’ve been successful. In other words, someone specialized in your case!

3. Go With Your Intuition

This may seem like bad advice. After all, it’s always important to carefully consider the different reasons why you should or shouldn’t hire a specific lawyer.

However, it’s also good to think about how a specific lawyer makes you feel. You need to have a good working relationship with your attorney. They will be your greatest source of wisdom and advice when it comes to fighting your case.

If you don’t feel comfortable around a specific lawyer, then they’re probably not the right one for you. In this case, you should consider alternative options.

4. The Resources of the Lawyer

If you’re considering hiring a lawyer from one of the big law firms, they probably have a bunch of staff to support their work. Therefore, this is also an important part of your decision about which lawyer is right for you.

Preparing for a court case is almost impossible for just one person. That’s why even the smaller firms employ paralegals and administrative staff to handle other matters.

The resources that the lawyer has to use to defend you in court can make the difference to the final decision.

5. The Character of the Lawyer

It’s always difficult to judge someone’s character after only meeting them briefly. This is often the case when you meet a criminal lawyer for the first time to see if you want to hire them.

However, it’s important to use the time you have to make a judgment about what kind of character the person is. You want someone who is confident, hardworking and determined.

It’s also important to make sure you don’t hire a lawyer who promises things he or she can’t deliver. You want to hire a lawyer who is optimistic but also realistic about your prospects.

6. Ask About References

Don’t just take what the lawyer says about him or herself as the truth. It’s important to do a little bit of research to find out what kind of reputation the lawyer has.

However, don’t be too critical. After all, even the best lawyers have some clients that aren’t satisfied. They’re lawyers, not magicians.

7. What are the Legal Fees?

If you want the best criminal lawyer to represent you, you have to pay for it. While you can always find a lawyer that will take your case for cheaper if you want to stand a chance you need to pay higher legal fees.

But this doesn’t mean that you can’t undertake some research to make sure you don’t pay over the odds. There may be other lawyers that have similar experience and knowledge but charge much less. Make sure you get value for money.

8. A Good Communicator

Many lawyers use legal terms that you may not understand. This isn’t a sign of a lawyer who knows his or her stuff. Instead, it shows that they’re a bad communicator because they don’t take the audience into account.

That’s why you should try to find a lawyer that speaks your language. You have to be able to speak honestly and clearly with each other. It’s not helpful if the lawyer is using terms that you don’t understand all the time.

9. What are Your Options?

There are always decisions to be made in any court case. You can’t afford to make these decisions as an afterthought.

That’s why you need a criminal lawyer that is willing to clearly set out what options you have and the different pros and cons of each one.

Whatever the decision you make it could have major consequences for your life and the lives of your loved ones. Because of this, it’s vital that you make sure you have all of the information available to make an informed decision.

10. Courtroom Experience

Even though in some circumstances, your case might not even make it to court in the end. It’s important to make sure you have a lawyer that knows what to do if it comes to that.

You need to hire a lawyer that can represent you in court rather than just offer you legal advice.

Hire the Best Criminal Lawyer for You

You can’t get through criminal charges alone. That’s why you need to hire the best criminal lawyer for you.

By following these 10 tips you can make sure you find a lawyer that will effectively fight your case.

Contact us today to receive the legal representation you need to get the results you want!

]]>9 Questions to Ask a DUI Law Firm (Before You Hire a Lawyer)https://www.webblawmaine.com/blog/9-questions-to-ask-a-dui-law-firm/
Mon, 26 Mar 2018 14:13:20 +0000https://www.webblawmaine.com/?p=382A DUI charge is a serious offense that shouldn’t be taken lightly. In the state of Maine, first-time offenders could face jail time, a $500 fine and a 90-day license suspension. This doesn’t include a possible probation period. If you’ve been arrested for DUI, it’s crucial you hire an attorney to represent you and help guide […]

]]>A DUI charge is a serious offense that shouldn’t be taken lightly. In the state of Maine, first-time offenders could face jail time, a $500 fine and a 90-day license suspension. This doesn’t include a possible probation period.

If you’ve been arrested for DUI, it’s crucial you hire an attorney to represent you and help guide you to the best possible outcome. You shouldn’t try to navigate the legal process yourself.

But how do you know which DUI law firm to hire? You need to get a lawyer involved right away, but you don’t want to hire the wrong person.

Simply by asking some important questions, you can determine if a law firm will protect your rights with your best interests in mind.

1. How Long Have You Handled DUI Cases?

Although many criminal attorneys can work DUI cases, that doesn’t mean they’re experienced enough to excel in them. Drunk driving laws are very specific, so you need a DUI law firm that has years of experience and education concerning drunk driving.

You need to hire a lawyer who’s seen all types of DUI charges, many of which were probably exactly like yours. They’ll know the best approach to take with your case.

Ask how many years they’ve practiced DUI law and if they have any specialized education in that area.

2. What’s Your DUI Track Record?

Aside from the number of years a DUI law firm has focused on drunk driving cases, you’ll also want to know what their track record is.

Now, a drunk driving charge is very difficult to get dismissed. Keep this in mind when interviewing an attorney.

Along with dismissals, ask about their track record with regard to the reduction of penalties, such as license suspension, and probation time.

3. What Cities Do You Typically Handling DUIs In?

It’s always best to hire a DUI law firm that focuses their practice close to where you got arrested.

It’s a good idea to ask what courts they primarily handle cases in and how long they’ve been established in that area.

Lawyers tend to have a large network of connections in the cities they practice. This includes prosecuting attorneys, judges, and other court staff.

This makes it much easier to work your case effectively. They’ll know what to expect if a certain prosecuting attorney or judge gets assigned to your case.

4. Are You Trained in Field Sobriety Tests?

The administration of tests (such as a breathalyzer) by the arresting officer plays a huge role in DUI cases. It’s important your lawyer has specialized training and knowledge of these procedures.

Many criminal attorneys are actually trained on the operation of breathalyzer devices. This training could end up being a big advantage when evaluating the details of your case.

5. How Much Will My Case Cost?

You’ll want to know upfront how an attorney will bill you for their time and how their pay structure works. If you need to ask about payment options, now’s the time to do it.

You should also ask about the possibility of additional fees during the course of your case. You’re probably going to have to pay court fees as well, so you want to avoid any unexpected charges by your attorney.

You should also ask about forms of payment. Do they take credit cards? If so, which ones?

6. Will You Be the One Handling My Case?

A DUI law firm may have many attorneys working for them. During your consultation, you need to ask whether the lawyer you’re talking to will handle your case or if it’ll get assigned to someone else.

If another lawyer is to handle your case, you need to ask to consult with them directly. They need to have all the credentials to effectively represent you.

You don’t want to end up hiring a law firm only to find out a junior attorney you don’t know will be the one you’re working with.

7. What Outcome Do You Expect in My Case?

While it’s impossible for an attorney to predict the exact outcome of a case before it actually starts, they can look at the details and give you a good idea of how they think it will play out.

They’ll also be able to give you some information regarding timelines.

When will you be able to get your license back? How much probation could you face? Knowing this information helps you plan for the immediate future.

If you think your arrest was unjust or that procedural mistakes were made by an officer, ask the attorney if they think a dismissal is possible.

8. How Do You Typically Communicate with Clients?

Criminal law attorneys are busy. This means they’re often in court and unavailable.

It’s a good idea to ask about their communication procedures up front. Do they use an assistant to communicate with clients? Is there a specific form of communication (phone, e-mail, text, etc.) that they prefer?

Make sure you’re comfortable with the way they update clients about cases. Be clear about your expectations so there’s no confusion once the case gets going.

9. Are You a Member of Any Criminal Law Associations?

It’s a good idea to work with a criminal attorney who’s a member of state and national legal organizations. This shows they’re active in the criminal law community and probably attend continuing education.

The National Association of Criminal Defense Lawyers and the National College for DUI Defense are both accredited organizations.

Find the Right DUI Law Firm for Your Case

When hiring an attorney to protect your rights, you need to know they have the experience and know-how to make the decisions that serve your best interest. A drunk driving charge can wreak havoc on your immediate future. A qualified lawyer can help limit the damage so you can get back on your feet.

We defend individuals charged with DUI and OUI in Saco, ME and surrounding areas. Contact us today to set up a free initial consultation.

]]>7 Things to Know About a No-Contact Order in Mainehttps://www.webblawmaine.com/blog/7-things-to-know-about-a-no-contact-order-in-maine/
Wed, 14 Mar 2018 17:21:44 +0000https://www.webblawmaine.com/?p=379If you have recently been ordered to follow a no-contact order in Maine, you should not take any chances. Learning about the stipulations of the order could save you from having to face serious consequences. A no-contact order is often confused with a restraining order, but the two are not the same. And, they can […]

]]>If you have recently been ordered to follow a no-contact order in Maine, you should not take any chances. Learning about the stipulations of the order could save you from having to face serious consequences.

A no-contact order is often confused with a restraining order, but the two are not the same. And, they can carry drastically different penalties.

The court of law takes these orders, also called “protective orders”, very seriously. If you are found in violation of such an order, you will have to answer to a justice system that is rarely forgiving under these circumstances.

You need to understand this order fully to avoid further legal problems.

Read on to find out what a protection order really means!

7 Things You Need to Know About Your No-Contact Order

Protection orders are meant to protect the filing party from suffering potential abuse or further harassment. They can also include protection for any children that may be involved in your situation, depending on the specifics of your case order.

1. How Can Someone Get a Protection Order Issued?

If someone files a no-contact or protection order, they are claiming that they need legal protection from domestic violence and abuse, rape, or stalking.

Maine law has specific guidelines that they use when defining the type of abuse that warrants filing for protection from abuse.

Their definition as it relates to an order of protection from abuse includes any of the following acts between family or household members or dating partners:

You must refrain from taking or damaging property belonging to both parties

You may be ordered to pay for expenses from the abuse, like medical bills, court costs, and attorney’s fees

The items listed above are not all inclusive. The judge may also include specific instructions relevant to your case if they choose to do so.

3. What Happens if You Violate the Order?

While a protection order is “just a piece of paper”, it actually carries significant legal weight.

If you do not follow the rules set forth in the no-contact order, and instead contact or attempt to visit the person, and they call the police, you can be arrested.

You will then have to face the legal ramifications through the court of law for violating the court order.

4. How Long is the Order Effective?

A temporary order is usually in effect until a final order is issued. A final order usually does not extend beyond two years, although there are exceptions if the judge sees fit.

5. What is the Penalty for Violation of the Order?

The penalty varies according to how the order was violated.

If you do not pay ordered costs, child support, fees, or if you fail to attend treatment that has been ordered, then it is usually a Class D violation, which can result in a sentencing of up to one year in jail, or up to $2000 dollars in fines.

If you assault the person or otherwise inflict substantial harm then you will most likely be faced with a Class C violation, which carries a sentence of up to five years in prison and a fine of up to $5000 dollars.

6. Can You File a No-Contact Order on the Other Party?

You cannot file mutual no-contact orders in the state of Maine. The order is issued to protect one party from another potentially dangerous party.

Once someone has filed for protection from you, you are not able to file for one against them.

7. What Should You Do Now that the Order Has Been Filed Against You?

The best thing to do if you have been issued a no-contact order is to follow the rules and guidelines set forth in the order. Any deviation from these rules could cause you to be found guilty of violating the order and may result in fines or time in jail or prison.

No matter what your situation, you will need to obtain legal representation. An experienced, professional defense lawyer can help you to avoid further penalties and may be able to have the order lifted if it is the best interest of the parties involved.

If an order has been issued under false pretenses, the attorney can see to it that the truth is revealed.

If You Have Been Served, Get Legal Help Now!

If you are facing a no-contact order, then you should seek legal representation immediately.

Don’t wait. If you want the best possible outcome, you need to make sure that you are armed with proper legal defense.

]]>Why You Need a Lawyer if Arrested for Driving to Endanger in Mainehttps://www.webblawmaine.com/blog/why-you-need-a-lawyer-if-arrested-for-driving-to-endanger-in-maine/
Wed, 28 Feb 2018 17:20:38 +0000https://www.webblawmaine.com/?p=376In some states, driving recklessly can be defined as strictly as going 11 MPH over the limit. In Maine, the nomenclature used for “reckless driving” is “driving to endanger” and for better or worse, the restricts aren’t so well defined. The problem with being arrested for driving to endanger in Maine is that it’s up to […]

]]>In some states, driving recklessly can be defined as strictly as going 11 MPH over the limit. In Maine, the nomenclature used for “reckless driving” is “driving to endanger” and for better or worse, the restricts aren’t so well defined. The problem with being arrested for driving to endanger in Maine is that it’s up to the discretion of the office.

One of the biggest problems with our criminal justice system is that people are often wrongly arrested. Once people are sent to court, even when innocent, they struggle to prove their lack of culpability, often without a lawyer. People who go unrepresented lose more often than people with attorneys, by a larger margin.

If you or someone you know has been charged with driving to endanger in Maine, you should consider hiring a lawyer. Here are 5 reasons why you should seek out representation.

1. Penalties Are Severe

Penalties for driving to endanger in Maine are more significant than other driving charges. A run of the mill violation or traffic ticket might cost you around $100 but won’t lead to any serious marks on your record.

Driving to endanger is considered a misdemeanor in Maine. While it’s in the lowest category, Class E, it still carries mandatory minimums. People who are found guilty could lose their license for 30 days or more.

The mandatory fine for this penalty is $575. If the arresting officer made a mistake and you end up having to deal with this ticket, you could be shelling out more than you spend on rent in a month.

If you end up in dire straits, the judge could suspend your license for half a year. While it’s rare to end up having your license suspended for 180 days for just driving to endanger, it’s still a harrowing prospect.

2. It’s More Than A Traffic Ticket

While you might not think you need to hire an attorney for something like this, you should consider the later ramifications of this arrest.

You won’t be thrown in jail for parking tickets, but as this is considered a motor vehicle-related crime, you don’t want this on your record. Subsequent similar arrests will count toward a habitual offender ruling that results in having your license revoked.

If you’ve got other convictions on your record in the last 5 years, this could be bigger than it seems on the outside. Can you afford to have your license revoked for an extended period of time?

Working with an attorney will help you to mitigate these risks.

3. Attorneys Are Experienced

Since you’re reading this, it might be safe to assume this is one of your first run-ins with laws regarding driving to endanger in Maine. Hiring an attorney brings years of experience beating cases like this. While you might spend months of sleepless nights trying to figure out how to mount a defense, your lawyer could take one glance and see an answer.

Mistakes made on your ticket or during your arrest could have the whole affair thrown out the window. An officer with a record of making mistakes could be exposed by your lawyer. If you’ve been charged with an OUI, your lawyer can ensure that any false claims are cleared up.

Even just dealing with the prospect of losing your license and having to find transportation alternatives could be stressful enough. How can you find the energy to represent yourself when you’ve got so many other things on your plate?

Your attorney spent years studying cases like yours to find ways to resolve them quickly. Your attorney will make sure you use every angle possible to get your arrest thrown out.

4. Attorneys Can Bargain For you

You need someone who knows the gravity of being charged with driving to endanger. In Maine, it could mean financial ruin for someone. That’s why attorneys are your best tool for bargaining

They spend every day of their lives dealing with other lawyers, police departments, and judges. They know how to talk to these people in authority to ensure that your case is treated fairly. They also know the kinds of deals that judges and other attorneys could be looking for.

If you were in any way related to another case or you refused to be a witness for a criminal trial, you could use that previous case to bet against your charge. If you agree to give testimony, your attorney could bargain your arrest against your ability to provide witness for something else.

5. Even Non-Residents Need Representation

Even if you’re not from Maine, you should hire an attorney for your driving to endanger ticket. Just because your license is from another state doesn’t mean that you won’t be dealing with the consequences.

If you are charged with this crime in Maine and hold a Vermont license, for example, the State of Maine will contact Vermont’s DMV and let them know. Your violation in Maine could result in a subsequent suspension in another state.

If you fail to resolve it, you’ll be barred from driving in Maine. If you cross the border a lot for work or if you’ve failed to switch your license from another state, you could be facing lots of new headaches.

Leaving this problem unresolved isn’t an option, no matter where you’re from.

Driving To Endanger in Maine is Serious

If you’ve been charged with this crime, you can’t just put this in the drawer where you keep bills and forget about them. You need to deal with this case as soon as possible. While it can be exhausting and frustrating, you need to treat this arrest seriously and call in a professional.